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ILR from tier2 general, qualifying period start date

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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mustafamukhtar66
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Posts: 9
Joined: Mon Dec 05, 2016 11:05 pm

ILR from tier2 general, qualifying period start date

Post by mustafamukhtar66 » Tue Dec 06, 2016 12:09 am

Dear team.
I appreciate your help with my situation.
my tier2 general visa was issued in 7/08/2012 but I entered the UK in 10th of September 2012. I understood the qualifying 5 year period can start from the date of issue and any gaps before my entry will be an absence period. however what confuses me is the SET (O) guidance notes on uk.gov which was released 24th of November 2016 and states (There is a qualifying period to complete in most of the categories on this form. It runs either from the date on which you entered the UK with a visa in the relevant category; or, if you did not enter the UK with such a visa, from the date on which you were first granted permission to remain in the UK in the relevant category.
If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period. and there is no mentioning of the 180 days allowable period prior to entry which was in the previous guidance in April2016.
does that mean I can no longer calculate my 5 years from the date of issue??
the reason this is important for me is that I want to apply for the ILR in july 2017 because my current employment finishes at first of august and I don't want to extend, so if I started calculating from the date of entry I will be 5 years minus 28 days on 12th of august when I will not be on employment.
thanks

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: ILR from tier2 general, qualifying period start date

Post by vinny » Tue Dec 06, 2016 12:48 am

See also Indefinite leave to remain: calculating continuous period in UK.
mustafamukhtar66 wrote:my current employment finishes at first of august and I don't want to extend, so if I started calculating from the date of entry I will be 5 years minus 28 days on 12th of august when I will not be on employment.
Note also the requirements of
245HG wrote:(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
(i) still hold a Tier 2 Sponsor licence in the relevant category, or have an application for a renewal of such a licence currently under consideration by the Home Office; and
(ii) certify in writing that he still requires the applicant for the employment in question for the foreseeable future.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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